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WELLS FARGO BANK, NA v. CHERRYLAND (ON REMAND)

Docket No. 304682.

835 N.W.2d 593 (2013)

300 Mich. App. 361

WELLS FARGO BANK, NA v. CHERRYLAND MALL LIMITED PARTNERSHIP (ON REMAND).

Court of Appeals of Michigan.

Decided April 9, 2013 at 9:00 a.m.

Attorney(s) appearing for the Case

Miller, Canfield, Paddock and Stone, P.L.C. (by Clifford W. Taylor , Lansing, James L. Allen , and Dennis G. Bonucchi , Troy), for plaintiff.

Honigman Miller Schwartz and Cohn LLP (by John Pirich , Lansing, and I.W. Winsten , Detroit) for Cherryland Mall Limited Partnership and David Schostak.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Christopher W. Braverman , Assistant Attorney General, for the Attorney General.

Clark Hill PLC (by Paul S. Magy , Birmingham, and Matthew W. Schlegel , Detroit) for the Building Owners and Managers Association International, Building Owners and Managers Association of Metro Detroit, Building Owners and Managers Association of Mid-Michigan, Building Owners and Managers Association West Michigan, Apartment Association of Michigan, and Construction Association of Michigan.

Before: CAVANAGH, P.J., and SAWYER and METER, JJ.

PER CURIAM.

This case is before us on remand from our Supreme Court for reconsideration of our prior decision in this matter in light of the Legislature's recent passage of the Nonrecourse Mortgage Loan Act, 2012 PA 67, MCL 445.1591 et seq. (the NMLA or Act 67). Wells Fargo Bank v. Cherryland Mall Ltd. Partnership, 493 Mich. 859, 820 N.W.2d 901 (2012). On reconsideration, we reject plaintiff's constitutional challenges...

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